Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-18
TESTERS SUIT.
A FORMER REsIDERT or RICHMOND
AGAINST BEN. BUTLER.
Trying to Get $40, 900 for Alleged False
Imprisonment-Lester's Life in
Richmond.

and the case will probably be argued
before the jury to-day or the complaint
dismissed. General Butler will renew
the motion to dismiss the case on seve-
rnl grounds, the chief being that the
statute of limitations intervenes. II
this be sustained by Judge Coke, and
Mr.. Lester determines to fight it out,
the action will go TO the Supreme Court
of the United States
Backus w. Huntington, Mr.. Testers
lawyer, tried to show the jurors yester-
day that the plaintiff had been ever
faithful to the North. In his letter to
General Butler, after he had been con-
victed, he said 81 never was a seces-
sionist, and was hooted at in Richmond
as - Yank."
Then General Butler asked "Did
you ever apply to the southern courts
to be naturalized as citizen of the
Confederate States?"
When Mr.. Lester said "No" the
General showed him his naturalization
papers and asked him again if he had
not applied to the courts to be made q
C1IlLeu Oh tue OODlcueIhcf.
The answer came hot and snappy ::
"No, sir. / was taken up under guard
and threatened with imprisonment in
Castle Thunder and the confiscation OF
all my property unless i made a de-
claration of intent to live in Virginia as
a citizen loyal TO the Confederate States.
! had TO do it. "
General Butler said he was about to
read telegram from Secretary Stan
ton warning him about Testers chsrac-
ter. Mr.. Huntington objected because
it was part of the secret plan whereby
Lester was wronged. Judge Coke let
it be read. Here it is:
WASHINGTON, d. G., Feb. 5, 1864.
Major General Butter:
have given pass to-day to man
lately from Richmond to visit you. His
name is j. II. Lester. He is northern
man, formerly from Connecticut and
afterward from New York, and was a
partner of Sloat, the planing-machine
man. They went TO Richmond in 1860,
he says, to carry on the making of
planing-machines, but their establish
ment has during the whole war been
used for making arms, and / suspect
that was the business for which he went
to Richmond. He says he has sold out
and has $780, 900 worth of cotton and
tobacco at Wilmington. He has an
authority and contract with the rebel
War and Navy Departments to purchase
a ship and run the blockade with sup
plies at certain rates. He got through
our lines at Martinsburg and came
on to Washington, preceded by a
ow-companion whom he was to
meet at Washington, but says he can
not find him. He wanted to get his
wife and children through by flag OF
Truce, but / have refused a permit.
Lester is evidently a man of unusual
ability, and knows everything about
the rebel Government and its condi-
ton, but discloses nothing of any i'm
portance, and he certainly has its full
confidence. / distrust him and his OBJ
iect, but have concluded to let him
visit you so as TO ascertain more clearly
what he is about. If he has tired of
the rebel cause and wants to leave it
there may be no objection to his doing
so, but if, as | suspect, he is only seek
ing to get bis family into place of Sc
curity and continue his aid to the
rebels, then it may be necessary to take
care of him. Let me know what con-
clusion you come to concerning him,
and take such measures as you may
think proper.
EDWIN NJ. STANTON,
Secretary of War.
On the strength Of this information
and because General Butler did not get
satisfactory answers from Lester the ar
rest was made. The defence started
ont to prove that Lester ran away from
his creditors in the North, and knew he
would be sued if he came back. Judg-
ment after judgment against "John ii.
Lester" was exhibited Mr.. Lester
stood it for awhile and then threw out
the suggestion to his tormenter that
there were half dozen or more "John
Ii. Testers" around New York and
Brooklyn, and that these judgmentswere
against some of them, not himself.
General Butler fatly said he thought
that wasn't so.
Mr.. Huntington took his client in
hand and had him tell some of lis
Richmond experiences. Invent away
from Richmond once for my health,
taking my family with me. When we
came back was arrested on order of
General Winder on suspicion of being
disloyal to the Confederate States. He
said You must consider yourself a
prisoner. Go back and work for Mr..
Robinson and 1 will parole you. The
guards know You, and will shoot you
Down if you try to leave the city with
out permission. You are a marked
man Under this force / stayed until
January /, 1864, when | tried to get to
nv friends in the North" An anony-
nous letter to Lester telling him of
prejudice in Richmond against him be-
cause of his abolition ideas was read.
Mr.. Lester explained that he had to
buy slaves in order to appear more like
a southern man.
81 never worked on musket, or car
bine, or pistol, or sabre, or any mill
tary weapon" Mr.. Lester said, for
any man in the South. | told Mr..
Robinson | would not do 80. | could
not consent, being always Union
man. said l would have to leave,
because / would not be connected with
any factory that turned out guns which
might shoot down my own kth and
kin, my blood relatives from the North.
Mr.. Robinson said: IF You leave me
will be ruined / said was sorry.
He then told me that the Southern
Confederacy was about to buy his plant,
and he said if l stayedhe would give me
one half To that | consented !
never negotiated with the Southern
Confedemcy for a supply OF arms:
/ never supplied them with arms. All
the oaths / took in the rebel States l
took under force. / never voted there,
nor attended a political meeting, nor
sat on jury"
"What special damages did you sus-
tain by this arrest and imprisonment?
81 had valuable real estate In New
York and other States. My imprlson-
ment and the loss of my papers pre-
vented me from attending or having